We each inherited 50/50, I was named executor, and a year later, he continues to squat on about 100k in home and property, while I maintain control of 30k cash left in estate. All sorts of side deals and promises were made prior to mom's death. Thefts and dirty dealings have since come to light that have made me determined that he and my niece not benefit from mom's death. I am now determined to adhere to the tenets of her will: 50-50 split, property sold to make this happen.
I was willing to let him remain on property IF he paid property taxes and insurance. He hasn't, and now, a year later, my probate-real estate attorney has been kowtowed by their attorney into mediation a few days AFTER property taxes will begin to accrue penalties and interest. He's squatted there all year.
At this point, what can I do to convince my attorney, my brother and his pushy daughter than I am determined to 50% ownership, and if he pay taxes and insurance he can stay. If not, he will be evicted and the property will be sold in accordance with mom's will? Note: I've recently learned about the possibilities of "reasonable rent" -- but not by my own attorney.
Pay the property taxes out of the estate funds. Go to mediation--but insist that the provisions of the Will govern, and your brother must move out within a reasonable period of time, and get the house sold!
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